AFAP Qantas Group Industrial/Legal Team Legal Briefing
Fitness Assessments
The AFAP is aware of a recent incident involving LH crew which has raised questions among Qantas pilots as to when Qantas can direct a pilot to undergo medical testing. We recognise that pilots are rightly concerned, based on the information circulating regarding what has occurred.
However, it is appropriate that the AFAP take the time to clarify details before we provide legal advice as to your rights and what to do in circumstances where Qantas requests you to undertake any form of medical testing.
It is also important to note that the AFAP legal staff have extensive experience in representing members across the industry and within the Qantas Group in relation to these matters. This has covered a vast range of circumstances and where required has involved members being provided representation from either the AFAP or external lawyers.
We have also been party to the consultation process regarding changes to the Qantas Group DAMP policy which occurred throughout last year and our welfare team regularly engages with Qantas Group Medical.
The AFAP has also been directly involved in the development of HIMS (further information is on the
HIMS website) since its inception and its implementation in the Qantas Group. We have also represented many members through these processes including in relation to action taken by CASA under aviation regulations.
Each case will depend on the particular circumstances and whether it is a lawful and reasonable direction by an employer to require pilots to undertake testing. This takes into account a variety of factors including compliance with applicable policy, contractual terms and also relevant laws and regulations.
The AFAP has arranged to meet with Qantas to seek clarification on its position as to when it believes it has a reasonable basis for directing pilots to undergo medical tests. The AFAP will provide further guidance to members following these discussions.
In the meantime, any members requested by Qantas to undertake medical testing outside of the DAMP policy please contact the AFAP and speak with our legal team before proceeding.
For any enquiries or assistance related to matters at Qantas please contact any of your QPC pilot representatives (
qpc@afap.org.au) or the AFAP legal and industrial team of Senior Legal/ Industrial Officer Pat Larkins (
patrick@afap.org.au), Senior Industrial Officer Chris Aikens (
chris@afap.org.au), or Executive Director Simon Lutton (
simon@afap.org.au).
Regards,
AFAP Qantas Group Industrial/Legal Team
Simon Lutton – Executive Director
Jared Marks – In House Counsel
Andrew Molnar – In House Counsel
Patrick Larkins – Senior Legal/ Industrial Officer
Deanna Cain – Senior Legal/ Industrial Officer
Chris Aikens – Senior Industrial Officer